Friday, January 30, 2009

Can Erap Run For President in 2010?

This is an important Constitutional question looming over the 2010 elections because former President Joseph Estrada has said he would seek the Presidency in 2010 if the Opposition fails to unite under a single standard bearer. Though Erap was impeached by the House, and tried by the Senate, he was never convicted. Instead after a vote of virtual acquittal, he was replaced by the Vice President who was suddenly sworn in by HIlario Davide under the protective guns of Angie Reyes. Erap was then charged, tried and convicted for plunder. But he was immediately pardoned by President Arroyo before serving even one day of his sentence, except time served during his trial. Joseph Estrada served less than three of the six year term that he won by a landslide over Jose de Venecia in 1998.

Now that question: 
CAN ERAP RUN FOR PRESIDENT IN 2010? 

Here is the relevant 1987 provision:
Section 4. The President and the Vice-President shall be elected by direct vote of the people for a term of six years which shall begin at noon on the thirtieth day of June next following the day of the election and shall end at noon of the same date, six years thereafter. The President shall not be eligible for any re-election. No person who has succeeded as President and has served as such for more than four years shall be qualified for election to the same office at any time.
The phrase   "any re-election"  above can be interpreted to mean one of two things: either immediate re-election of the incumbent to the same office, or it can mean "election to the same office at any time." which is the usage in the last sentence quoted.

In Constitutional construction where the framers have used a different textual formulation they signal a different intended meaning, else why would they not use the same terminology?

In my opinion there is another reason why a plain understanding of the words of the Constitution in this provision would favor the possibility of Joseph Estrada seeking the Presidency in 2010.  

Look at the sentence: "The President shall not be eligible for any re-election."

Well, is Joseph Estrada "the President" now or before the election in 2010? Obviously not.  

I think the upshot of this is that all the living ex-Presidents, including Cory and FVR are eligible to run for President in 2010.